The new Corporate Insolvency and Governance Act 2020: 10 of your questions answered

There has been much focus in the corporate and insolvency world on the Corporate Insolvency and Governance Act (the “Act”) which made its way through the UK legislative process at breakneck speed and entered into force on 26 June 2020. The Act introduces both permanent, ground-breaking reforms to corporate insolvency law, including the introduction of…

5 typical concerns of cash-strapped borrowers

Welcome to the second article in a series of three. The previous article in the series covered the key grounds on which directors of cash-strapped companies could be held liable for their or the company’s acts, and in this piece we focus on five aspects of a company’s third party credit facilities (term loans, revolving…

Directors of cash-squeezed and distressed companies – 5 liability points to note

  We recently published an article that covered dealings between directors and their companies, and concluded with a reference to acts that can be challenged in the unlikely event of administration or other insolvency process. How quickly circumstances change; two months later, even the healthiest of businesses are preserving cash and those ‘unlikely’ events are…

Acquiring distressed assets – 5 top tips for buyers

As competition for attractive assets becomes ever more intense, a wider range of investors are looking for businesses that are “distressed”. This normally means the asset is priced at below market value, often because the owner of the asset is having difficulty dealing with its liabilities, needs to raise cash or strategically wants to eliminate…

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